If you haven’t heard about K$sha’s lawsuit against her producer “Dr. Luke” you may not be on any social media at all. But, just in case, here’s a recap! K$sha has asked the courts to release her from a legally binding contract on the grounds that Dr. Luke (Lukasz Gottwald) drugged and raped her while working together in the past. What would you do as an employer if such a claim came out against one of your managers or supervisors? And what do you think the court should or should not do in this case? It’s a tough one to answer, because we all feel empathy for the alleged situation that has led K$sha to make these claims. But playing devil’s advocate, where will the line be drawn for breaking contracts if the court does rule in her favor? Will contracts be broken for accusations of felony acts or for disagreements or suspicion of favoritism or an unkind look in the wrong direction?
In K$sha’s case, these claims are just that – they have not been proven in a court of law and Dr. Luke has not been convicted of any crime. Because of the nature of these claims, I feel for K$sha. And as a woman, I feel that she should be heard and protected by the law. But as an HR professional, I struggle with whether or not there is a possible snowball effect here if K$sha is granted a way out of her contract. The allegations are awful and heartbreaking, as reported by @CBSNews. Dr. Luke allegedly forced K$sha to do drugs before a flight and then sexually assaulted her once she was drugged and incoherent. K$sha further claims that she was given “sober pills” by Dr. Luke and assaulted yet again, as well as physically assaulted and verbally threatened.
The facts of the case will be sorted out in a courtroom, but for HR professionals and company leaders, let’s take a look at the lessons we can learn from K$sha’s lawsuit.
Take all claims seriously.
- Investigate all claims thoroughly and with neutrality.
- Don’t immediately believe or disbelieve anyone – don’t make rash decisions.
- Do put the accused person on administrative leave while conducting your investigation (or take similar steps to ensure everyone’s safety).
- Be impartial.
Investigating is one of the toughest pieces of the HR puzzle, and as a company leader, you need to make sure your HR management level employees are trained, equipped, and confident in all areas of employee relations including the tough ones like harassment claim investigations.